Re: social security for Mexico workers/employees and so on

by **dean** Thu Jul 11, 2013 7:45 pm

Mexico: It's the Law! Mexico Employers Must Implement Training Programs for Employees or Risk Steep Fines

By: Enrique García Conde, Javiera Medina Reza, Liliana Hernández and Jose Maria Galindo Füguemann

On June 14, 2013, Mexico's Department of Labor and Social Welfare ("STPS") published final rules outlining an employer's obligation to develop and implement detailed employee training programs that will foster productivity. Pursuant to these rules, covered employers have a three-month window, until September 15, 2013, to come into full compliance with the law. Given the penalties for noncompliance, employers should immediately implement changes to their practices to comply fully with the law.

http://www.littler.com/publication-press/publication/mexico-its-law-mexico-employers-must-implement-training-programs-emplo?utm_source=Newsletter+July+10&utm_campaign=Newsletter+July+10%2C+2013&utm_medium=email

by **dean** Tue Oct 25, 2011 7:47 pm

LPG

Subject: [LPG] Re: Social Security for House Keepers and Gardners

According to Federal laws that protect the rights of the workers (Ley Federal del Trabajo) and Social Security Regulations (Ley del Seguro Social) both full time and part time workers that meet the criteria according to law will receive from their employers the minimum benefits that the law prescribes which includes the Social Security medical benefit.
The specific case here discussed was rightly addressed in one of the comments with the question: What if there is more than one person employing the services of the same worker? Giving the worker (housekeeper or gardener) Seguro Popular or pitching in between every possible employer does not fulfill the regulation according to the article 13 of the Ley del Seguro Social. Therefore, in a legal quarrel, the employer would be found liable for not giving the minimum benefits according to law.
However, in this case, the type of services you are receiving from gardeners and housekeepers, as described in previous comments, fall under a different category where none of these laws apply. These workers are "Service Providers" and the law recognizes them as self-employed, therefore any benefits should be self-provided.

Many can't afford doing this, so if you decide to provide this benefit, I'm sure your workers will appreciate it. But you need to take the appropriate steps to protect yourself legally according to law.
And this is where I jump in to offer our professional services in this matter as well as immigration processes, Mexican tax regulations and new construction permitting. Our services are very reasonably priced, please feel free to contact me in the info provided below with no obligation, I'll be happy to answer your questions and to take care of any process you may need help with.

Kind regards,
Angel Arteaga

Consultoría Integral & Diseño Sustentable
Angel I. Arteaga
Ingeniero Civil
Cel. (612) 155-5555
U.S. (816) 237-0848
a.arteaga1980@gmail.com

by **dean** Sat Oct 22, 2011 7:45 am

Social security discussion/posts from veritasdelapaz@yahoogroups.com

I believe that social security seguro social laws ley are on the internet the last time I looked something up they had some of the laws in english
In mexico you are responsible to pay seguro on any employees part or full time. Some gardeners and maids are already covered by their husband or wife through their spouses seguro.
Any one interested can go to the offices on Altamirano y Cinco de febrero and speak with someone about your specific situation but you are responsible.
Severance pay vacation pay christmas bonuses
These are all recommended and required under seguro social. Amounts required to pay are based on length of employment and hours worked per week
It's complicated but worth your while to look into your legal responsibilities legal and moral as an employer

Just to address your specific case, the type of services you receive from
gardeners and house keepers are considered "professional services" or
special services that they render as self employed workers, in this case and
assuming they do this kind of work for you once a week and perform the same
services for other people during the rest of the week, you are not required to
provide any of this benefits, as you would if they had a weekly schedule
either full time (48 hrs per week) or part time.

It is important however that you have a written agreement stating such
arrangement as well as the activities they will perform and the payments they
will receive plus any other bonus you may want to grant, such as aguinaldo
(end of the year bonus), equivalent to two weeks worth of salary.

Here is a list of the things you could inlcude in the contract (but not
limited to):
1. Date and place were the agreement is being signed.
2. Information related to the people signing the contract such as name,
nationality, address, etc.
3. Obligations of both parties signing the contract regarding the services
that will be rendered.
4. Amount and type of payment as well as when payments will be submited.
5. Any other agreement that will you may want to include for your legal
protection and or benefits for the service provider.

Hopefully this will help you clear your doubts.

Kind regards,
Angel Arteaga